and provisions contained in the chapter concerning justices and constables, except as may be otherwise provided in this chapter. (Amendment 1241. SEC. 13. Hereafter, in all cases of forcible entry Appeals to and detainer, or forcible or unlawful detainer, tried or deter- district court. mined in any county court, or before any justice of the peace, 1872.) either party may take an appeal to the district court of the proper county, in the same manner and during the same time that is now provided by law for taking appeals from justices of the peace in other cases. But if the defendant or defendants shall appeal, the appeal bond shall be condi- Appeal bond. tioned for the payment of all costs and damages which have been or may be sustained by the plaintiff or plaintiffs in consequence of the wrongful detention of the premises. in question, and in case where rent has accrued or will accrue, as double rent under this chapter, for the payment of all rent then due or to become due if the plaintiff or plaintiffs should recover a judgment in the district court for the premises in question: Provided, that in all cases, the party having to sue on said bond, may recover double rent for all rent which shall become due after commencing such action, and in all such cases the justice of the peace, or county judge, shall have power to fix the amount of the appeal bond, according to the amount of rent actually and clearly proved to be due on the trial of the case, but in no case shall the penalty of the bond exceed fifteen thousand dollars. the Trial on appeal; evidence concerning title and boundaries; judgment not to 1242. SEC. 14. In all cases of appeals from justices of peace and county courts, the district court shall proceed to try the cause de novo, and no exception to any of the proceedings before the justice or county court shall be affect title. taken or allowed, unless it shall appear that the justice of the peace or county judge had no jurisdiction of the subject matter of the suit; and the district and county courts. may receive evidence respecting the title or boundaries of the premises in question, for the purpose of determining the right of possession; but judgments rendered in proceedings under this chapter shall not affect the title to any lands, tenements or other possessions for the possession of which any action may be brought under the provisions of Writ of restitution. When defendant to recover costs. Appeals and writs of error to supreme court; condition of bond. Notice for termination of tenancy. this chapter, and shall not be a bar to a proper action brought for the trial of the same. 1243. SEC. 15. If upon default on trial, or by the verdict of a jury, it shall appear that the plaintiff is entitled to the possession of the premises in question, he shall have judgment for the possession of the same, and a writ of restitution shall be issued upon such judgment, unless the defendant take an appeal as provided in this chapter; and the officer to whom such writ of restitution shall be directed, shall be commanded in such writ to levy and collect the plaintiff's costs, as in other executions. 1244. SEC. 16. If the plaintiff becomes non-suit, or fails to prove his right to the possession, the defendant shall have judgment and execution for his costs. 1245. SEC. 17. Appeals and writs of error to the supreme court from the judgments of the district court, and writs of error to the judgment of any county court in proceedings under this chapter shall be allowed as in other cases: Provided, that in addition to the conditions now prescribed by law, the condition of the appeal bond shall be as required by this chapter in cases of appeal from justices of the peace and county courts to the district court. 1246. SEC. 18. In all cases of tenancy from year to year between persons in this state, three months' notice to quit shall be deemed sufficient to terminate the same; a six months' tenancy may be terminated by a notice of one month; and ten days' notice to quit shall be sufficient to terminate a monthly tenancy: Provided, no notice to quit shall be necessary from or to a tenant whose term is by contract to end at a certain time. Service of notice to quit or de mand for possession. AN ACT TO AMEND THE EXISTING LAWS OF FORCIBLE ENTRY AND Be it enacted by the General Assembly of the State of Colorado: 1247. SECTION 1. In all cases where notice to quit or demand for possession of real property, is now, or may hereafter be required to be given, such a notice or demand may be served by delivering a copy thereof to a person, a member of the tenant's family found on the premises, and if no such person is found on the premises, then by posting a copy of the notice or demand in a conspicuous place upon the premises. 1248. SEC. 2. Any action of forcible entry and detainer Service of or unlawful detainer, begun in any court of this state, if summons. the officer having the summons shall, after diligent search. and careful inquiry, be unable to find the defendant within his county, he may serve the summons by leaving a copy thereof with any person, a member of the tenant's family, found upon the premises mentioned in the summons, or if no person be found upon the premises, then by posting a copy of the summons in some conspicuous place upon the premises. Limitation of 1249. SEC. 3. In actions commenced before justices of the peace, such copy shall be delivered or posted as time of service. aforesaid at least seven days before the return day of the summons, and in actions in courts of record at least ten days before the return day of the writ, and the manner of service shall be endorsed upon the writ, and the time of serving it. The cause shall then proceed in all respects as though personally served upon the defendants. 1250. SEC. 4. All acts or part of acts inconsistent with Repeal. this act are hereby repealed. Approved, February 16, 1877.. CHAPTER XXXIX. FRAUDS AND PERJURIES. [Revised Statutes, Chapter XXXVII.} 1251. SECTION 1. Every conveyance of any estate or interest in the lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents or profits, as against such purchasers shall be void. 1252, SEC. 2. No such conveyance or charge shall be fraudulent if purchaser had notice, unless Conveyance not deemed fraudulent, in favor of a subsequent purchaser, who shall have actual or legal notice thereof at the time of his grantee privy purchase, unless it shall appear that the grantee in such conveyance, or person to be benefitted by such charge, was privy to the fraud intended. to fraud. Conveyance with power of as against subse from grantor. 1253. SEC. 3. Every conveyance or charge of, or upon revocation void any estate or interest in lands, containing any provision for quent purchaser the revocation, determination or alteration of such estate or interest, or any part thereof, at the will of the grantor, shall be void as against subsequent purchasers from such grantor, for a valuable consideration, of any estate or interest so liable to be revoked, determined or altered by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge. In what cases third person revocation, valid 1254. SEC. 4. When the power to revoke a conveyance conveyance by of any lands or the rents or profits thereof, and to re-convey having power of the same, shall be given to any person other than the grantor in such conveyance, and such person shall thereafter convey the same lands, rents or profits to a purchaser for a valuable consideration, such subsequent conveyance shall be valid, in the same manner and to the same extent as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared. Conveyance made before vesting of power of revocation, valid from time power vests. What conveyances of land must be in writing. 1255. SEC. 5. If a conveyance to a purchaser under either of the two last preceding sections shall be made, before the person making the same shall be entitled to execute his power of revocation, it shall nevertheless be valid from the time the power of revocation shall actually vest in such person, in the same manner and to the same extent as if then made. 1256. SEC. 6. No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing. 1257. SEC. 7. to devise not to implied trusts strued to affect, in any manner, the power of a testator in Power of testator the disposition of his real estate by a last will and testament, be impaired, nor nor to prevent any trust from arising or being extinguished prevented. by implication or operation of law. Contracts for than one year, 1258. SEC. 8. Every contract for the leasing for a longer period than one year, or for the sale of any lands or lease of more any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to made. subscribed by 1259. SEC. 9. Every instrument required to be sub- Writing inay be scribed by any party, under the last preceding section, may agent. be subscribed by the agent of such party, lawfully authorized. Power of courts 1260. SEC. IO. Nothing in this chapter contained shall be construed to abridge the powers of courts of to compel speciequity to compel the specific performance of agreements, in cases of part performance of such agreement. fic performance, not abridged. chattels in trust void as to his 1261. SEC. II. All deeds of gift, all conveyances, and Conveyance of all transfers or assignments, verbal or written, of goods, for use of vendor, chattels or things in action, made in trust for the use of creditors. the person making the same, shall be void, as against the creditors existing of such person. What agree unless the writ 1262. SEC. 12. In the following cases every agreement shall be void, unless such agreement, or some note or ments are void. memorandum thereof, be in writing, and subscribed by ing signed by the party charged therewith: First-Every agreement that by the terms is not to be performed within one year from the making thereof. Second-Every special promise to answer for the debt, default or miscarriage of another person. Third-Every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry. Fourth-Every contract for the sale of any goods, chattels or things in action, for the price of fifty dollars or more, shall be void, unless: First, a note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged therewith; or, second, unless the buyer shall accept and receive part of such goods, or the party charged. |